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2025 DAILYLAW 54357 (ALL)

RAM SUBHAG AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A227/4789/2025 · 2025-07-06

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105882 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 4789 of 2025 Petitioner :- Ram Subhag And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- Adarsh Kumar,G.A.,Subhash Chandra Yadava Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. The instant petition under Article 227 of the Constitution of India has been filed to set-aside the impugned order dated 02.04.2025 passed by Ist Additional Sessions Judge, Court No. 1, Basti in Criminal Revision No.102 of 2024 and order dated 18.01.2024 passed by Ist Additional Chief Judicial Magistrate, Court No.9, Basti in Complaint Case No.633 of 2022 (Rang Bahadur Vs. Ram Subhag and others) under sections 323, 504, 506 IPC, P.S. Rudhauli, District Basti. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the petitioners. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Accordingly, prayer of the petitioners is refused. However, in view of the submissions, it is provided that in case the petitioners move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the petitioners in the aforesaid case. With the aforesaid direction, this petition is disposed of. Order Date :- 7.7.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad